Justice Ward [the President of the Court of Appeal] said the appeals judges considered that in the present circumstances, they could not be appointed or re-appointed under the terms of the Constitution. "To accept re-appointment in these circumstances would be a breach of our judicial oaths," Justice Ward said.

In other words, they think the interim regime is illegal and unconstitutional. This doesn't bode well for the regime's chances before the courts - but it also doesn't bode well for the proper functioning of Fiji's judiciary. The court of appeal has now halved in size, and reading between the lines, it seems that more of them will likewise refuse reappointment. By the middle of the year, there may very well not be enough judges to keep the legal system operating.

2
comments:

Yes - that aspect is disturbing, and I'd expect any judge with a pre-determined view of a case to recuse themselves.

OTOH, having sworn a judicial oath to uphold the law, they can hardly accept an illegal appointment. under such circumstances, resignation at the end of one's term seems to be the only honourable course of action.
Posted by
Idiot/Savant
:
2/27/2007 11:28:00 PM